성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
gallonianos2 ( Model name SV-E250L).
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. The crime of this case is a severe punishment in light of the fact that the defendant committed the crime of this case, although it is against the defendant's full recognition of the crime, there is no criminal record of sexual crime against the defendant, that the victim did not want the punishment against the defendant, that the victim did not want the punishment against the defendant, that the victim did not have sexual intercourse with his/her sexual intercourse with his/her sexual intercourse, that sexual intercourse with the victim's sexual intercourse with the victim, that is, the victim's sexual intercourse with the victim by stealing the victim with the video, and that the crime of this case is not high and dangerous, and that the defendant committed the crime of this case without the victim during the suspended execution period. In light of the fact that the defendant committed the crime of this case without the victim during the suspended execution period, the defendant was committed against the defendant, that there was no criminal record of sexual crime against the defendant, that the defendant did not want the punishment against the defendant, that the defendant's motive, circumstance, means and result of the crime of this case, and that the defendant's punishment before and after the crime of this case is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319(1) and 299 of the Criminal Act (the point of quasi-rape and the choice of limited term) and the punishment of sexual crimes, etc.